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ANALISIS HUKUM ISLAM DALAM PERKARA KUMULASI ISBAT NIKAH DAN CERAI GUGAT (STUDI PUTUSAN NOMOR: 0369/PDT.G/2021/PA.BKS.) Habibi, Adam Firdaus; Suprihatin, Suprihatin; Tsaqib Idary, Muhammad
MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) Vol 15 No 1 (2024): Maslahah : Jurnal Hukum Islam dan Perbankan Syariah
Publisher : Program Studi Ahwal al-Syakhshiyyah dan Perbankan Syariah Fakultas Agama Islam Universitas Islam "45" Bekasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33558/maslahah.v15i1.9752

The enactment of Law No. 1 of 1974 concerning Marriage and all its requirements has led to new issues, including "Nikah Siri." Nikah Siri refers to a marriage conducted secretly or, in other words, a marriage not registered according to the provisions of the Marriage Law. An exciting provision to examine in Law No. 1 of 1974 is Article 2, paragraph (2): "Every marriage shall be registered according to the applicable laws and regulations." However, this law still leaves room for debate because many married people still need to register their marriages with the Marriage Registrar (PPN) at the Office of Religious Affairs. In the decision 0369/Pdt.G/2021/PA.Bks, the Plaintiff filed for the legalization of Marriage to proceed with a divorce from the Defendant. From the perspective of Islamic Law, this legalization is based on the principle of "mashlahah mursalah," meaning for the common good. Meanwhile, the divorce is considered for the mutual benefit of both parties. This study examines the decision of the Bekasi Religious Court, focusing on the cumulative case of marriage legalization and divorce suit Number 0369/Pdt.G/2021/PA.Bks. In this decision, the Bekasi Religious Court's Panel of Judges granted the request for marriage legalization and divorce suit because the Marriage fulfilled Islamic legal requirements and there were no obstacles to Marriage or divorce according to Law No. 1 of 1974 in conjunction with amended Law No. 16 of 2019. The judges' effort in granting marriage legalization is considered a form of leniency (rukhsah) while granting the divorce is for both parties benefit.

Asas-Asas Hukum Keluarga Islam Muhammad Tsaqib Idary
JURNAL HUKUM PELITA Vol. 4 No. 2 (2023): Jurnal Hukum Pelita November 2023
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jh.v4i2.3105

This article identifies the principles of family law contained therein. From the identification results, the principles of family law were found, namely the principle of freedom, the principle of protection and prevention, the principle of monogamy, the principle of responsibility and justice and the principle of legal certainty. Legal principles are important because truth is the basis for thinking and reasoning, especially in enforcing and implementing the law. Legal principles are the most important subsystem of the legal system and legal principles. Principles take precedence over a system of rules. This is not only because legal principles are more universal, but also because they reflect cultural values and messages that should be embodied in the supremacy of law. Legal principles can be used as a basis or justification for the formation of a legal regulation, or can represent the legal relationship of legal regulations, including the values, aspirations, ideas, social or ethical views that are formed. From an Islamic perspective, principles can be formed in the order of Islamic legal philosophy. The type of research that the author uses is library research with a qualitative descriptive research approach. The conclusion of this article is that legal principles are understood as the fundamental ideas behind a legal system, which are formulated in legal regulations and judges' decisions, and are the basis for making certain regulations and decisions.

Plurality of Inheritance Legal System for Indonesian Muslims: A Sociological Review Muhammad Tsaqib Idary; Oyo Sunaryo Mukhlas; Beni Ahmad Saebani; Restu Khaliq
TATHO: International Journal of Islamic Thought and Sciences Volume 1, Issue 4 (2024)
Publisher : International Tatho Academics

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70512/tatho.v1i4.55

This qualitative study aims to identify the sociological construction of the implementation of legal principles in the inheritance system in Indonesia and its relevance to the Islamic inheritance system. The theory of receptio a contrario and the theory of structural functionalism as a legal sociology perspective are used to see how social construction is related to the implementation of the principle of justice, the principle of freedom of will, and the individual principle in the implementation of the inheritance system in a plural Indonesian society. This study finds the construction of social relations related to legal principles in the implementation of the national inheritance system with Islamic inheritance in Indonesia. The relational construction of these principles leads to the implementation of harmony between the implementation of the national inheritance legal system and the Islamic inheritance system so that both can run in an orderly and well-integrated manner. This study confirms that in sociological construction, the relationship between the principle of law enforcement and the social and cultural values of society cannot be dichotomized.

Pembagian Hibah Yang Tidak Merata Perspektif Psikologi Muhammad Tsaqib Idary; Encup Supriatna; Irfan Fahmi
J-CEKI : Jurnal Cendekia Ilmiah Vol. 4 No. 1: Desember 2024
Publisher : CV. ULIL ALBAB CORP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/jceki.v4i1.6357

Pembagian hibah yang tidak merata dapat memicu berbagai reaksi psikologis dalam komunitas penerima, termasuk kecemburuan, ketidakpuasan, dan bahkan ketidakpercayaan terhadap pihak yang bertanggung jawab atas distribusi hibah. Dalam perspektif psikologi, ketidakmerataan ini bisa berdampak negatif pada kohesi sosial, motivasi individu, dan hubungan interpersonal di lingkungan penerima hibah. Individu yang merasa tidak mendapatkan bagian yang layak dari hibah cenderung mengalami rasa ketidakadilan, yang memicu stres dan perasaan negative penelitian kepustakaan (library research) menggunakan pendekatan deskriptif empiric yang menemukan Kesimpulan pembagian hibah dalam keluarga sangat dianjurkan sebelum datangnya warisan, untuk menghindari sengketa di kemudian hari.

Hak-Hak Perempuan dalam Cerai Gugat Muhammad Tsaqib Idary; Rhamdani Wahyu Sururie; Idzam Fautanu
EKOMA : Jurnal Ekonomi, Manajemen, Akuntansi Vol. 3 No. 4: Mei 2024
Publisher : CV. Ulil Albab Corp

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/ekoma.v3i4.3556

Even though many legal instruments have been created to ensure that the rights of women and children are fulfilled, in the field there is still a lot of neglect of the rights of women and children. The Religious Courts through the formulation of the Supreme Court of Religion chamber of the Republic of Indonesia have created many guidelines for Judges in examining cases and ensuring that the rights of wives and children are fulfilled.based on SEMA No. 1 of 2017, SEMA No. 3 of 2018, SEMA No. 2 of 2019, as well as SEMA No. 5 of 2021 which extends further to the husband's belongings which can be submitted for marital confiscation to ensure that the wife and children are provided for. The type of research that the author uses is norative empirical through library research and experience in trials, with a research approach used as a judicial case study. The conclusion of this article is that the fulfillment of women's rights during a divorce has been carried out in the court process, there is a need for socialization and legal assistance to women so that the fulfillment of their rights after a divorce can be carried out well.

Plurality of Inheritance Legal System for Indonesian Muslims: A Sociological Review Idary, Muhammad Tsaqib; Mukhlas, Oyo Sunaryo; Saebani, Beni Ahmad; Khaliq, Restu
TATHO: International Journal of Islamic Thought and Sciences Volume 1, Issue 4 (2024)
Publisher : International Tatho Academics

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70512/tatho.v1i4.55

This qualitative study aims to identify the sociological construction of the implementation of legal principles in the inheritance system in Indonesia and its relevance to the Islamic inheritance system. The theory of receptio a contrario and the theory of structural functionalism as a legal sociology perspective are used to see how social construction is related to the implementation of the principle of justice, the principle of freedom of will, and the individual principle in the implementation of the inheritance system in a plural Indonesian society. This study finds the construction of social relations related to legal principles in the implementation of the national inheritance system with Islamic inheritance in Indonesia. The relational construction of these principles leads to the implementation of harmony between the implementation of the national inheritance legal system and the Islamic inheritance system so that both can run in an orderly and well-integrated manner. This study confirms that in sociological construction, the relationship between the principle of law enforcement and the social and cultural values of society cannot be dichotomized.

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